Ohio Questions & Answers by Practice Area


Ohio Questions & Answers

Q: Is there any defense in ohio to an ex parte motio on Thursday evening I found out one was filed hearing is in 3 days

1 Answer | Asked in Divorce for Ohio on Apr 17, 2015

Answered on Apr 19, 2015

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Matthew Williams' answer
Ex parte orders are temporary pending a full hearing. When one side goes before the judge on some emergency petition, they can get a temporary order, which will be in place until a full hearing with both sides can be done. There is no way around the temporary order until the hearing is held, but there could be any number of defenses presented at the full hearing. You have a right to a reasonable continuance of the hearing in order to hire an attorney.

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Q: My ex abused me. He has about 6 DV charges from other women in his past.How much time is he facing since I'm charging?

1 Answer | Asked in Domestic Violence for Ohio on Apr 18, 2015

Answered on Apr 19, 2015

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Matthew Williams' answer
It's likely his new charge will be a third degree felony domestic violence (two or more prior convictions). If convicted, he faces a mandatory prison term of six months to three years. If you were pregnant at the time of the offense, the penalty will be enhanced.

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Q: A 16 years girl (mentally handicapped) born at Columbus OH was abandoned in Pakistan in year 2001.Father is in Canada.

1 Answer | Asked in Family Law for Ohio on Apr 14, 2015

Answered on Apr 17, 2015

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Matthew Williams' answer
The short answer is yes, the father is responsible for the care of his daughter. However, given the multinational dimensions on this case, there is little hope of holding him accountable without several lawyers doing a lot of work.

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Q: Where can I find if a case hears in both district court and 6th circuit have been published?

1 Answer | Asked in Constitutional Law for Ohio on Apr 14, 2015

Answered on Apr 17, 2015

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Matthew Williams' answer
You are probably going to want information more specifically relevant to your case than a list of all published opinions from two courts. That's going to be a very long list and most of the cases will not be relevant to yours. You may want to either hire an attorney or, if you cannot afford one, go to the law library at a law school and ask for assistance in finding relevant case law.

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Q: When my boyfriend turns 18, I will still be 17, is that against the law for us to date? Could we get in trouble?

1 Answer | Asked in Criminal Law for Ohio on Apr 14, 2015

Answered on Apr 17, 2015

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Matthew Williams' answer
No, it is not illegal for you to date. The law is only concerned with sexual activity. The age of consent in Ohio is 16, so you should be fine. Just keep three things in mind. First, until you are 18 you have to obey your parents within reason. Second, until you are 18 any sexually explicit photographs or video of you is highly illegal child pornography. Third, should you become pregnant before you are an adult, the custody issues are even worse than when you are an adult.

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Q: I have two moving violations for going 75 in a 55 and for failure to stop at a stop sign will I lose my license I'm 17

1 Answer | Asked in Traffic Tickets for Ohio on Apr 12, 2015

Answered on Apr 14, 2015

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Matthew Williams' answer
You are certainly in danger of having your license suspended. You really ought to get an attorney. The suspension and increased insurance rates can be much more expensive than hiring an attorney to help you get the tickets reduced.

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Q: How old do you have to be to move out of your parents home in Ohio?

1 Answer | Asked in Family Law for Ohio on Apr 12, 2015

Answered on Apr 14, 2015

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Matthew Williams' answer
Without your parents consent? 18. With parental consent could move out earlier.

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Q: i was charged with a crime but was never informed about my arringment hearing is this a violation of my due process

1 Answer | Asked in Criminal Law for Ohio on Apr 12, 2015

Answered on Apr 14, 2015

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Matthew Williams' answer
Probably not. You really ought to get an attorney and let him or her worry about due process.

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Q: My boyfriend was convicted of domestic violence with a prior. What constitutes the prior?

1 Answer | Asked in Criminal Law for Ohio on Apr 13, 2015

Answered on Apr 14, 2015

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Matthew Williams' answer
Either one of his prior arrests may have resulted in a conviction for a domestic violence offense, this would be a prior offense for purposes of enhancing the current DV conviction.

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Q: My teenage son had sex with his teenage girlfriend at her parents house while they were home. Do I have legal recourse?

1 Answer | Asked in Family Law for Ohio on Apr 6, 2015

Answered on Apr 11, 2015

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Matthew Williams' answer
Not really. You are within your rights as a parent to insist he stop seeing her, but no crime has occurred. In Ohio, it is legal for persons 13-17 to have sex with other persons 13-17. It is also legal for persons 16 and over to have sex with adults. It is illegal for anyone to have sex with a person under 13 and illegal for an adult to have sex with a person under 16.

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Q: me and my girlfriend lives in ohio and shes 16 and im 24 is it illegal to have sex?

1 Answer | Asked in Criminal Law for Ohio on Apr 7, 2015

Answered on Apr 11, 2015

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Matthew Williams' answer
It is not illegal for you two to have a private sexual relationship. The age of consent is 16. However, there are lots of other ways, aside from statutory rape, that an adult involved in a sexual relationship can wind up in legal trouble, so it is still a bad idea.

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Q: hellohow do I find forms to print out for my fiancé to file motions for orc 2945.72?

1 Answer | Asked in Criminal Law for Ohio on Apr 7, 2015

Answered on Apr 11, 2015

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Matthew Williams' answer
ORC 2945.72 is not something you ask for. It is a statute describing reasons the speedy trial clock may be tolled. The state is required to bring the accused to trial within a certain period of time following formal charging. That period of time may be tolled (which means the clock may be paused) for any of the reasons listed in the statute.

So, for example, in a felony case, if the accused does not waive (give up) his or her right to a speedy trial. The prosecution must bring him or...

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Q: Can a 15 and 18 teen year old date kiss and get married (15 year ,old girl) (18 year old boy)

1 Answer | Asked in Criminal Law for Ohio on Apr 10, 2015

Answered on Apr 11, 2015

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Matthew Williams' answer
Yes to kissing. Parental consent required for marriage.

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Q: What is considered sexual conduct when it comes to a 20 year old and a 15 year old dating? Is kissing even legal?

1 Answer | Asked in Criminal Law for Ohio on Apr 10, 2015

Answered on Apr 11, 2015

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Matthew Williams' answer
Kissing is fine, but no further.

(A) "Sexual conduct" means vaginal intercourse between a male and female; anal intercourse, fellatio, and cunnilingus between persons regardless of sex; and, without privilege to do so, the insertion, however slight, of any part of the body or any instrument, apparatus, or other object into the vaginal or anal opening of another. Penetration, however slight, is sufficient to complete vaginal or anal intercourse.

(B) "Sexual contact" means any...

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Q: Resident Alien/Green Card for 23 years. Would conviction of small misdemeanor (1st offense) affect travel&return abroad?

1 Answer | Asked in Immigration Law for Ohio on Mar 31, 2015

Answered on Apr 6, 2015

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Matthew Williams' answer
Ok. First off, a fourth degree misdemeanor is a less serious offense than a first or second, so you don't want to change an M4 to an M1 or M2. That's moving in the wrong direction. Second, you need to be working with a lawyer here. Any criminal entanglement can be a problem with immigration, certainly if it is not yet resolved. Most misdemeanor convictions will not cause trouble, but if there was any violence or stealing involved, you need to keep a careful eye on the outcome. Third, if you...

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Q: Can a man demand blood test of a 16 year old child from a woman he has not seen in 16 years because of a pic?

1 Answer | Asked in Family Law for Ohio on Apr 2, 2015

Answered on Apr 6, 2015

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Matthew Williams' answer
He can demand anything he wants. The question is will he get it? What is the man attempting to establish? If there are reasons to believe the child may be his, aside from a likeness in the paper, such as a timely intimate relationship with the woman, he may eventually be able to get a paternity test done, though that could prove expensive for him, if he is right. If all he has to go on is a likeness in a picture, no court is going to order the test.

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Q: Can I buy and carry a gun in Ohio if I've been convicted of a felony OVI?

1 Answer | Asked in DUI / DWI for Ohio on Apr 5, 2015

Answered on Apr 6, 2015

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Matthew Williams' answer
ORC 2923.13(4) - a "chronic alcoholic" cannot possess a firearm in Ohio. You don't want to fight it out with the prosecutor over whether or not you are a "chronic alcoholic" as multiple DUI convictions will almost certainly convince a court that you are.

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Q: Recently me and my girlfriend got into an argument and she called the police and asked to press domestic violence charge

1 Answer | Asked in Criminal Law for Ohio on Apr 5, 2015

Answered on Apr 6, 2015

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Matthew Williams' answer
Not necessarily. That is the prosecutor's call, and many don't drop cases just because the victim no longer wants it pursued. Furthermore, if she now changes her story, she could potentially face a falsification charge. Both of you should have lawyers.

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Q: Can you borrow money against a life estate if you are the original owners?

1 Answer | Asked in Estate Planning for Ohio on Mar 30, 2015

Answered on Apr 2, 2015

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Matthew Williams' answer
Ask the bank. It is certainly legal, but I don't know if they will approve the loan.

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Q: I filed a DV on my husband for choking me in front of our son they have pictures of bruises will he get jail time??

1 Answer | Asked in Criminal Law for Ohio on Apr 1, 2015

Answered on Apr 2, 2015

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Matthew Williams' answer
That is certainly possible, especially if he has any kind of history. He needs a lawyer.

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